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  • Child over 21

    Hi there!
    My sister (American citizen through naturalization since 2002) sent a petition for me and my family in November 2002. Our petition was approved in November 2009. Since then we have been waiting for out priority date to become current. Well, it became current a few weeks ago, and in the meantime we got a letter from the NVC stating that we should start collecting the paperwork. My son is now over 21, and according to the calculations of CSPA (Children Status Protection Act) his eligibility continues until July 2016.
    When I try to pay the fee and start the application process, my son's name does not appear? How come that is possible? Only me as the principal, my wife and my daughter's name are present in there.
    Do we need to make a separate application for him, or do we need to fill any other form?
    Thank you in advance for your comments and ideas.
    Best

  • #2
    Hello!

    I am in the same process as you are and my case went to NVC in november 209 but my priority date is december 2004 so i have to wait until my PD becomes current,but i am over 21 years old,i have read that you finally have reached the process can you tell me what are you doing about this process because i think that whwn my time comes my name will not be in the list.I have read also in the forums that to get the child which is over 21 years old you should fill some papers.

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    • #3
      someone please answer

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      • #4
        Dnt worry.. CO will count CSPA age on your interview date if eligible then they will give another interview date for your son.

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        • #5
          recent CSPA experience

          So you need to write a letter to NVC stating that your child turned 21 but they might be covered under CSPA so please consider his/her information. Once you send that letter, they will send your child's NVC invoice.

          letter example

          The case number BMB YYYY YYYY consist four individual named YYYY (main beneficiary), followed by derivative beneficiary YYYY , YYYY and SMITH SMITH. I would like to inform you that under the case number BMB YYYY YYYY XX, one family member name Smith Smith, son of main beneficiary has not received NVC payment invoice because his situation might be considered under Child Status Protection Act. Kindly, please review Smith Smith's information and let us know if you would need any more information for him.

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          • #6
            Originally posted by dpatel126 View Post
            So you need to write a letter to NVC stating that your child turned 21 but they might be covered under CSPA so please consider his/her information. Once you send that letter, they will send your child's NVC invoice.

            letter example

            The case number BMB YYYY YYYY consist four individual named YYYY (main beneficiary), followed by derivative beneficiary YYYY , YYYY and SMITH SMITH. I would like to inform you that under the case number BMB YYYY YYYY XX, one family member name Smith Smith, son of main beneficiary has not received NVC payment invoice because his situation might be considered under Child Status Protection Act. Kindly, please review Smith Smith's information and let us know if you would need any more information for him.
            Hello! We have the same case. But the only difference is that our priority date is still not current but my auntie said that it will become current early next year probably April. Our Priority date is Sept. 1993, we're from Philippines. My aunt who was a US citizen who petitioned my Father already submitted other documents regarding our petition for immediate action. How can I know that i will be elligible for CSPA? and when can we write to NVC regarding the CSPA for me? We will email it or my auntie will submit it there? Thanks!

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            • #7
              CSPA application

              Keep in mind for those in this thread that CSPA typically protects children petitioned by US citizen parents or lawful permanent residents. So if the US citizen petitioner is a sister or brother, the sister or brother and her or his children under age 21 can get visas once their visa becomes available according to the current bulletin. Sadly, the 21 or over children of the sister or brother have aged out and are not protected by CSPA.
              Last edited by samlynn; 09-25-2016, 04:12 PM.

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              • #8
                Originally posted by maguila-attorney View Post
                Keep in mind for those in this thread that CSPA typically protects children petitioned by US citizen parents or lawful permanent residents. So if the US citizen petitioner is a sister or brother, the sister or brother and her or his children under age 21 can get visas once their visa becomes available according to the current bulletin. Sadly, the 21 or over children of the sister or brother have aged out and are not protected by CSPA.
                It applies to F4 beneficiaries as well

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